Can a defendant be found guilty of forcible oral copulation during the commission of a burglary?

California, United States of America


The following excerpt is from People v. Sierra, B159384. (Cal. App. 2003):

Defendant was found to have committed forcible oral copulation during the commission of the burglary within the meaning of section 667.61, subdivision (e), which is part of what is commonly known as the one strike law. (People v. Rayford (1994) 9 Cal.4th 1, 8, 884 P.2d 1369.) Section 667.61, subdivision (e)(2) brings within the purview of the one strike law a sex offense "committed . . . during the commission of a burglary, as defined in subdivision (a) of Section 460,

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